IN THE CASE OF:	  

		BOARD DATE:	    5 January 2012

		DOCKET NUMBER:  AR20110011887 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request for correction of his military records to show award of the Purple Heart (PH) and Combat Infantryman Badge (CIB).

2.  The applicant essentially states that he has been assigned numerous times in military occupational specialty (MOS) 11B (Infantryman), performing such duties while stationed at Fort Riley, Kansas, in Germany, and in Iraq.  He argues that the award of the Valorous Unit Award (VUA) is evidence that his unit was in combat and that he should qualify for award of the CIB because he performed infantryman duties in combat.  He further argues that the shrapnel found in his lower right jawbone, as shown in his dental x-rays, was the result of his action against the enemy and qualifies him for award of the PH.

3.  The applicant provides copies of Permanent Orders 71-1, dated 8 May 1992; DD Form 214 (Certificate of Release or Discharge from Active Duty); dental x-rays; payment receipt; Record of Proceedings (ROP), AR20100025791, dated 
3 May 2011; and an email, subject: Dreadnaught Greetings, dated 7 July 2011.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100025791, on 3 May 2011.

2.  The VUA was not available or discussed in the original ROP.  Therefore, in the interest of justice the Board should consider this evidence.

3.  The original ROP discussed and concluded the following:

	a.  There was no evidence in the applicant's records and he had not provided any evidence showing he was wounded or injured in action.  The x-rays and casualty feeder report he submitted did not show he was wounded in action.  Regrettably, absent evidence which conclusively showed he had sustained wounds or injuries as a result of hostile action; that he had been treated by medical personnel for those wounds or injuries; and that such medical treatment had been made a matter of official record; there was an insufficient basis for awarding the Purple Heart to the applicant.

	b.  The evidence of record showed he held an armor MOS and he was assigned to an armor unit.  There is no evidence showing he had held or served in an infantry MOS or that he had been actively present while the infantry unit engaged in active ground combat.  Therefore, he was found ineligible for award of the Combat Infantryman Badge.

4.  The applicant's military records show he was assigned to Headquarters and Headquarters Company, 1st Battalion, 34th Armored Regiment on 7 August 1990.  He subsequently served in Saudi Arabia for a 4-month period from 
29 December 1990 to 9 May 1991.  On 11 May 1992, while still a member of the same organization, he was released from active duty.

5.  Permanent Orders 71-1, Fort McPherson, Georgia, dated 8 May 1992, awarded the VUA to Headquarters and Headquarters Company, 1st Battalion, 34th Armored Regiment for exceptionally valorous service against the Iraqi Armed Forces during the period 24-27 February 1991.

6.  The email provided by the applicant states "While forward in Afghanistan, Soldiers with the same MOS are boarding helicopters and executing extremely successful Air Assault operations to help us win our fight over here.  These missions have been conducted by nearly every MOS in the battalions - tankers, infantryman, commo, artillerymen, medics, and including our Female Engagement Teams and they show the adaptability of the Dreadnaught Soldier - you can be proud of their accomplishments so far."





7.  Army Regulation 600-8-22 (Military Awards):

	a.  The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

	b.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	c.  The Combat Infantryman Badge is authorized for award for several qualifying wars, conflicts, and operations, including Operation Desert Storm.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the PH and CIB because he was wounded in action and that the VUA is substantiating proof of such.  He further argues that many Soldiers held more than one MOS and that his performance of duty as an infantryman qualifies him for award of the CIB.

2.  The permanent orders showing the applicant's unit was awarded the VUA support his contention that his unit served in combat.  However, this evidence is not proof of his actual service in combat or that he was wounded as a result of enemy action.
3.  The applicant's argument that the metal fragments shown in his dental x-rays were the result of combat with the enemy in Iraq is not convincing without further documentation clearly showing the dates, locations, and circumstances he received these fragments.

4.  The applicant's argument that many Soldiers held and or performed duty in more than one MOS is accepted.  However, there is no evidence showing that the applicant was ever awarded an infantryman MOS, or that he had performed such duties while in Iraq.  Furthermore, simply performing such duties does not qualify a Soldier for the CIB; he must have been awarded an infantryman MOS.

5.  In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100025791, dated 3 May 2011.



      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20110011887





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ABCMR Record of Proceedings (cont)                                         AR20110011887



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